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Flashcards in Right to Privacy Deck (10):

What are the main areas of right to privacy?

-Child rearing and education


Meyer v. Nebraska

-Teaching forgein language to kids
-Court held this was unconstitutional because it violated education privacy
-Didn’t use 9th amendment because the court considers that amendment unenforceable


Pierce v society of sisters

-Child rearing and education case
-Law required kids attend public schools
-Law is unconstitutional because they can’t restrict right to education


Griswald v Connecticut

-Contraceptives case
-Defendants are doctors and patients
-Doctors can be charged because the statute included aider and abetter
-The court framed the right as the right to privacy in marriage
-Court reasoned right to marriage is protected because they look at the penumbra of amendments that involve privacy, so there is then a zone of privacy


Eisenstadt v. Baird

-Court used equal protection to invalidate the statute
-No longer exclusive to married people


Roe v Wade

-Court used strict scrutiny because fundamental right
-Compelling interests the state argued were life of mother and potential life
-Court said viability is where interest of the state becomes compelling
-Court held trimester system for the health of the mother
-First trimester they can’t regulate
-Second trimester some regulation with doctor’s opinion
-Third trimester viability regulation with exception to health to the mother which includes saving her life but also mental health


Planned Parenthood v. Casey

-Court uses stare decisis test to determine precedent
-Factors under stare decisis: change of facts, change of law, impossible to administer, reliance
-Constitutional significance is that the level of scrutiny is changed to the undue burden test


Gonzales v. Carhart

-Court held that regulation of partial birth abortions is constitutional
-The prior case from Nebraska wasn’t officially overruled, but stealth overruling
-Problems with stealth overruling are administrability and avoiding stare decisis


Loving v. Virginia

-Interracial marriage case
-Court held that marriage is a fundamental right and subject to strict scrutiny


Zablocki v. Redhail

-Fornication laws through marriage and child support
-Court held over inclusive because some marry rich and marrying can improve financial situation
-Court held under inclusive by not preventing people from assuming other debts
-Not narrowly tailored under strict scrutiny